Loss of Liability in Case of Gross Negligence for Personal Injury in Amsterdam
Under Article 6:106(2) of the Dutch Civil Code (BW), gross negligence results in the complete forfeiture of your personal injury claim, even if your share of fault is below 50%. Intentional misconduct precludes any compensation, including on the bustling canals and cycle paths of Amsterdam.
Gross Negligence Defined in the Amsterdam Context
In Amsterdam, with its high density of cyclists, actions such as drunk driving, running a red light on the Amstel, or dangerously weaving through traffic on the Prinsengracht are classified as 'consciously ignoring risks.' The Amsterdam District Court frequently encounters such cases in incidents occurring in the city center.
Example: Drunk Cyclist on Dam Square
A cyclist with a blood alcohol level of 2.0 per mille collides with a tourist on Dam Square. Gross negligence was established, and the claim was fully dismissed despite the pedestrian being 40% at fault. This case was adjudicated by the Amsterdam District Court in 2022.
Example: Scooter Accident in De Wallen
An intoxicated scooter rider loses control and causes chaos in De Wallen. The court ruled gross negligence due to reckless driving while under the influence, resulting in no compensation despite contributory negligence by the pedestrian.
The Amsterdam District Court assesses each case individually, taking local traffic conditions into account. An appeal to the Amsterdam Court of Appeal is possible but rarely successful in cases of proven gross negligence.